Supreme Court of Canada Hearings

SS&C Technologies Canada Corporation v. Bank of New York Mellon Corporation (41543)

SS&C Technologies Canada Corporation entered into a contract with Mellon Trust Financial pursuant to which it provided market pricing data for various types of securities. Mellon Trust Financial merged with Bank of New York to form Bank of New York Mellon Corporation. Bank of New York Mellon Corporation succeeded to the rights and duties under the contract. Mellon Trust Financial and Bank of New York Mellon Corporation breached the contract by redistributing market pricing data to affiliates. Upon learning of the breach of contract, SS&C Technologies Canada Corporation’s counsel demanded an accounting and that Bank of New York Mellon Corporation preserve all related communications, documents, and files. Records including records created after the preservation demand were destroyed. SS&C Technologies Canada Corporation commenced an action against Bank of New York Mellon Corporation seeking damages for breach of contract. Based on spoliation, SS&C Technologies Canada Corporation in part asked the trial judge to draw an adverse inference that its data had been shared with 65 affiliates and it has lost the opportunity to enter into 65 additional agreements on substantially the same terms as the contract. The trial judge found Bank of New York Mellon Corporation liable for breach of contract. The trial judge did not accept SS&C Technologies Canada Corporation’s proposed adverse inference but did draw an adverse inference that all data usage was by Bank of New York Mellon Corporation’s affiliates. He awarded damages of CAD $922,887 and USD $5,696,850. The Court of Appeal dismissed an appeal from the finding of liability and allowed a cross-appeal on liability. It allowed an appeal from the damages award in part and set aside the award of CDN $922,887. Argued Date 2025-12-10 Keywords Civil procedure — Evidence — Spoliation — What is the appropriate remedy for spoliation — What should the appropriate remedy have been in this case? Notes (Ontario) (Civil) (By Leave) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

SS&C Technologies Canada Corporation v. Bank of New York Mellon Corporation (41543)

SS&C Technologies Canada Corporation entered into a contract with Mellon Trust Financial pursuant to which it provided market pricing data for various types of securities. Mellon Trust Financial merged with Bank of New York to form Bank of New York Mellon Corporation. Bank of New York Mellon Corporation succeeded to the rights and duties under the contract. Mellon Trust Financial and Bank of New York Mellon Corporation breached the contract by redistributing market pricing data to affiliates. Upon learning of the breach of contract, SS&C Technologies Canada Corporation’s counsel demanded an accounting and that Bank of New York Mellon Corporation preserve all related communications, documents, and files. Records including records created after the preservation demand were destroyed. SS&C Technologies Canada Corporation commenced an action against Bank of New York Mellon Corporation seeking damages for breach of contract. Based on spoliation, SS&C Technologies Canada Corporation in part asked the trial judge to draw an adverse inference that its data had been shared with 65 affiliates and it has lost the opportunity to enter into 65 additional agreements on substantially the same terms as the contract. The trial judge found Bank of New York Mellon Corporation liable for breach of contract. The trial judge did not accept SS&C Technologies Canada Corporation’s proposed adverse inference but did draw an adverse inference that all data usage was by Bank of New York Mellon Corporation’s affiliates. He awarded damages of CAD $922,887 and USD $5,696,850. The Court of Appeal dismissed an appeal from the finding of liability and allowed a cross-appeal on liability. It allowed an appeal from the damages award in part and set aside the award of CDN $922,887. Argued Date 2025-12-10 Keywords Civil procedure — Evidence — Spoliation — What is the appropriate remedy for spoliation — What should the appropriate remedy have been in this case? Notes (Ontario) (Civil) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Nisga’a Nation, as represented by the Nisga’a Lisims Government v. Malii also known as Glen Williams, et al. (Day 2/2) (41516)

The respondent Gitanyow Nation asserts Aboriginal rights and title over certain lands in British Columbia, and has advanced claims against the federal and provincial Crown. Another Aboriginal group with a modern treaty covering an overlapping geographic area, the appellant, the Nisga’a Nation, sought to be added as a defendant in the Gitanyow action. A case management judge at the Supreme Court of British Columbia dismissed the Nisga’a Nation’s application to be added as a defendant. A unanimous panel of the Court of Appeal dismissed the Nisga’a Nation’s appeal from the first decision. Argued Date 2025-12-09 Keywords Aboriginal law — Aboriginal title — Aboriginal rights — Treaty rights — Aboriginal group advancing rights and title claims against Crown — Second group seeking to join action as defendant, given its modern treaty governing rights in overlapping territory — Case management judge declining to add second group as defendant in first group’s action — Court of Appeal upholding case management judge’s order — What is potential effect of declaration of Aboriginal title in favour of Indigenous claimant in respect of lands over which different Indigenous nation has existing section 35 rights under modern treaty, including modified Aboriginal title? — Did courts below incorrectly interpret Nisga’a Treaty by ruling that Treaty Party Provisions were not engaged in action and would not become operative until only after Plaintiffs established Aboriginal title within Claimed Lands? — Did courts below err in concluding that, while tests for joinder under Rule 6-2(7) of Supreme Court Civil Rules are met in respect of competing assertion of Aboriginal title, same tests are not met in respect of competing Aboriginal title and other rights that are recognized under modern treaty? — Nisg_a’a Final Agreement Act, S.C., 2000, c. 7, ss. 3, 4, 5, 20 — Nisg_a’a Final Agreement Act, R.S.B.C. 1999, c. 2, ss. 2, 3, 5, 8 — Supreme Court Civil Rules, B.C. Reg. 168/2009, r. 6-2(7). Notes (British Columbia) (Civil) (By Leave) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Nisga’a Nation, as represented by the Nisga’a Lisims Government v. Malii also known as Glen Williams, et al. (Day 2/2) (41516)

The respondent Gitanyow Nation asserts Aboriginal rights and title over certain lands in British Columbia, and has advanced claims against the federal and provincial Crown. Another Aboriginal group with a modern treaty covering an overlapping geographic area, the appellant, the Nisga’a Nation, sought to be added as a defendant in the Gitanyow action. A case management judge at the Supreme Court of British Columbia dismissed the Nisga’a Nation’s application to be added as a defendant. A unanimous panel of the Court of Appeal dismissed the Nisga’a Nation’s appeal from the first decision. Argued Date 2025-12-09 Keywords Aboriginal law — Aboriginal title — Aboriginal rights — Treaty rights — Aboriginal group advancing rights and title claims against Crown — Second group seeking to join action as defendant, given its modern treaty governing rights in overlapping territory — Case management judge declining to add second group as defendant in first group’s action — Court of Appeal upholding case management judge’s order — What is potential effect of declaration of Aboriginal title in favour of Indigenous claimant in respect of lands over which different Indigenous nation has existing section 35 rights under modern treaty, including modified Aboriginal title? — Did courts below incorrectly interpret Nisga’a Treaty by ruling that Treaty Party Provisions were not engaged in action and would not become operative until only after Plaintiffs established Aboriginal title within Claimed Lands? — Did courts below err in concluding that, while tests for joinder under Rule 6-2(7) of Supreme Court Civil Rules are met in respect of competing assertion of Aboriginal title, same tests are not met in respect of competing Aboriginal title and other rights that are recognized under modern treaty? — Nisg_a’a Final Agreement Act, S.C., 2000, c. 7, ss. 3, 4, 5, 20 — Nisg_a’a Final Agreement Act, R.S.B.C. 1999, c. 2, ss. 2, 3, 5, 8 — Supreme Court Civil Rules, B.C. Reg. 168/2009, r. 6-2(7). Notes (British Columbia) (Civil) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Nisga’a Nation, as represented by the Nisga’a Lisims Government v. Malii also known as Glen Williams, et al. (Day 1/2) (41516)

The respondent Gitanyow Nation asserts Aboriginal rights and title over certain lands in British Columbia, and has advanced claims against the federal and provincial Crown. Another Aboriginal group with a modern treaty covering an overlapping geographic area, the appellant, the Nisga’a Nation, sought to be added as a defendant in the Gitanyow action. A case management judge at the Supreme Court of British Columbia dismissed the Nisga’a Nation’s application to be added as a defendant. A unanimous panel of the Court of Appeal dismissed the Nisga’a Nation’s appeal from the first decision. Argued Date 2025-12-08 Keywords Aboriginal law — Aboriginal title — Aboriginal rights — Treaty rights — Aboriginal group advancing rights and title claims against Crown — Second group seeking to join action as defendant, given its modern treaty governing rights in overlapping territory — Case management judge declining to add second group as defendant in first group’s action — Court of Appeal upholding case management judge’s order — What is potential effect of declaration of Aboriginal title in favour of Indigenous claimant in respect of lands over which different Indigenous nation has existing section 35 rights under modern treaty, including modified Aboriginal title? — Did courts below incorrectly interpret Nisga’a Treaty by ruling that Treaty Party Provisions were not engaged in action and would not become operative until only after Plaintiffs established Aboriginal title within Claimed Lands? — Did courts below err in concluding that, while tests for joinder under Rule 6-2(7) of Supreme Court Civil Rules are met in respect of competing assertion of Aboriginal title, same tests are not met in respect of competing Aboriginal title and other rights that are recognized under modern treaty? — Nisg_a’a Final Agreement Act, S.C., 2000, c. 7, ss. 3, 4, 5, 20 — Nisg_a’a Final Agreement Act, R.S.B.C. 1999, c. 2, ss. 2, 3, 5, 8 — Supreme Court Civil Rules, B.C. Reg. 168/2009, r. 6-2(7). Notes (British Columbia) (Civil) (By Leave) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Nisga’a Nation, as represented by the Nisga’a Lisims Government v. Malii also known as Glen Williams, et al. (Day 1/2) (41516)

The respondent Gitanyow Nation asserts Aboriginal rights and title over certain lands in British Columbia, and has advanced claims against the federal and provincial Crown. Another Aboriginal group with a modern treaty covering an overlapping geographic area, the appellant, the Nisga’a Nation, sought to be added as a defendant in the Gitanyow action. A case management judge at the Supreme Court of British Columbia dismissed the Nisga’a Nation’s application to be added as a defendant. A unanimous panel of the Court of Appeal dismissed the Nisga’a Nation’s appeal from the first decision. Argued Date 2025-12-08 Keywords Aboriginal law — Aboriginal title — Aboriginal rights — Treaty rights — Aboriginal group advancing rights and title claims against Crown — Second group seeking to join action as defendant, given its modern treaty governing rights in overlapping territory — Case management judge declining to add second group as defendant in first group’s action — Court of Appeal upholding case management judge’s order — What is potential effect of declaration of Aboriginal title in favour of Indigenous claimant in respect of lands over which different Indigenous nation has existing section 35 rights under modern treaty, including modified Aboriginal title? — Did courts below incorrectly interpret Nisga’a Treaty by ruling that Treaty Party Provisions were not engaged in action and would not become operative until only after Plaintiffs established Aboriginal title within Claimed Lands? — Did courts below err in concluding that, while tests for joinder under Rule 6-2(7) of Supreme Court Civil Rules are met in respect of competing assertion of Aboriginal title, same tests are not met in respect of competing Aboriginal title and other rights that are recognized under modern treaty? — Nisg_a’a Final Agreement Act, S.C., 2000, c. 7, ss. 3, 4, 5, 20 — Nisg_a’a Final Agreement Act, R.S.B.C. 1999, c. 2, ss. 2, 3, 5, 8 — Supreme Court Civil Rules, B.C. Reg. 168/2009, r. 6-2(7). Notes (British Columbia) (Civil) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

His Majesty the King in Right of Canada v. Robert Vrbanic, et al. (41741)

The respondents, Robert Vrbanic and Sarah Josipovic, were jointly charged with possession of significant quantities of four different drugs for the purpose of trafficking and possession of the proceeds of crime. They sought a stay of proceedings, arguing that their right to a trial within a reasonable time had been breached. The appellant Crown did not dispute that the delay in this case was over the 18-month presumptive ceiling established in R. v. Jordan, 2016 SCC 27, [2016] 1 S.C.R. 631, for a trial in the Ontario Court of Justice, but argued that this delay was justified by the complexity of the case. The application judge concluded that the delay was not justified as an exceptional circumstance on the basis of the complexity of the case, and ordered a stay of proceedings. The Crown appealed the application judge’s order. The majority of the Court of Appeal for Ontario dismissed the appeal. It found that the application judge’s assessment of the complexity of the case was free of legal error and entitled to deference. Roberts J.A., dissenting, would have allowed the appeal and set aside the stay of proceedings on the basis that the application judge’s miscalculation of the net delay and misapplication of the governing principles respecting exceptional circumstances materially affected his ultimate decision as to whether the delay was unreasonable. Argued Date 2025-12-04 Keywords Charter of Rights — Right to be tried within a reasonable time — Exceptional circumstances — Complexity of case — Remedy — Stay of proceedings — Whether the application judge misapplied the governing principles on s. 11(b) Charter litigation by miscalculating the net delay and failing to properly assess complexity — Whether the determination of complexity, for the purposes of an exceptional circumstance under the s. 11(b) framework, ought to be evaluated within the context of the case as a whole — Canadian Charter of Rights and Freedoms, s. 11(b). Notes (Ontario) (Criminal) (As of Right) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

His Majesty the King in Right of Canada v. Robert Vrbanic, et al. (41741)

The respondents, Robert Vrbanic and Sarah Josipovic, were jointly charged with possession of significant quantities of four different drugs for the purpose of trafficking and possession of the proceeds of crime. They sought a stay of proceedings, arguing that their right to a trial within a reasonable time had been breached. The appellant Crown did not dispute that the delay in this case was over the 18-month presumptive ceiling established in R. v. Jordan, 2016 SCC 27, [2016] 1 S.C.R. 631, for a trial in the Ontario Court of Justice, but argued that this delay was justified by the complexity of the case. The application judge concluded that the delay was not justified as an exceptional circumstance on the basis of the complexity of the case, and ordered a stay of proceedings. The Crown appealed the application judge’s order. The majority of the Court of Appeal for Ontario dismissed the appeal. It found that the application judge’s assessment of the complexity of the case was free of legal error and entitled to deference. Roberts J.A., dissenting, would have allowed the appeal and set aside the stay of proceedings on the basis that the application judge’s miscalculation of the net delay and misapplication of the governing principles respecting exceptional circumstances materially affected his ultimate decision as to whether the delay was unreasonable. Argued Date 2025-12-04 Keywords Charter of Rights — Right to be tried within a reasonable time — Exceptional circumstances — Complexity of case — Remedy — Stay of proceedings — Whether the application judge misapplied the governing principles on s. 11(b) Charter litigation by miscalculating the net delay and failing to properly assess complexity — Whether the determination of complexity, for the purposes of an exceptional circumstance under the s. 11(b) framework, ought to be evaluated within the context of the case as a whole — Canadian Charter of Rights and Freedoms, s. 11(b). Notes (Ontario) (Criminal) (As of Right) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

W.W. v. His Majesty the King (41730)

The appellant was acquitted at trial of transmitting sexually explicit material to a person under the age of 16 for the purpose of facilitating the commission of either a sexual assault or the indecent act of exposing his genital organs to a person under 16 years of age for a sexual purpose. The trial judge accepted that the appellant sent sexually explicit material to a minor, but he was left with a reasonable doubt on two elements : the identity of the appellant in a sexually explicit video and the specific intent to transmit the material for the purpose of facilitating the commission of an enumerated offence. The trial judge concluded that the transmission of the material could have been “flirtation” and was left with a doubt as to whether the appellant personally intended to commit one of the enumerated offences.The Court of Appeal held that the trial judge erred in acquitting the appellant. The Crown was not required to prove the identity of the appellant in the transmitted video, nor was it required to prove that the appellant personally intended to commit one of the enumerated offences. The conduct referred to by the trial judge as “flirtation” is a tool used to facilitate the commission of sexual offences against children. In its view, but for the trial judge’s errors, the appellant would have been convicted. The Court of Appeal set aside the acquittal and entered a conviction. Argued Date 2025-11-14 Keywords Criminal Law —Transmit sexually explicit material to a person under age of 16 for purpose of facilitating commission of sexual assault or indecent act — Elements of offence — Powers of Court of Appeal — Whether Court of Appeal exceeded jurisdiction by allowing appeal and quashing acquittal under Criminal Code, R.S.C. 1985, c. C-46, s. 171.1(1)(b), because alleged errors were errors of fact — Whether Court of Appeal exceeded jurisdiction by substituting conviction for acquittal under s. 171.1(1)(b) based on its own findings of fact. Notes (Ontario) (Criminal) (As of Right) (Publication ban in case) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

W.W. v. His Majesty the King (41730)

The appellant was acquitted at trial of transmitting sexually explicit material to a person under the age of 16 for the purpose of facilitating the commission of either a sexual assault or the indecent act of exposing his genital organs to a person under 16 years of age for a sexual purpose. The trial judge accepted that the appellant sent sexually explicit material to a minor, but he was left with a reasonable doubt on two elements : the identity of the appellant in a sexually explicit video and the specific intent to transmit the material for the purpose of facilitating the commission of an enumerated offence. The trial judge concluded that the transmission of the material could have been “flirtation” and was left with a doubt as to whether the appellant personally intended to commit one of the enumerated offences.The Court of Appeal held that the trial judge erred in acquitting the appellant. The Crown was not required to prove the identity of the appellant in the transmitted video, nor was it required to prove that the appellant personally intended to commit one of the enumerated offences. The conduct referred to by the trial judge as “flirtation” is a tool used to facilitate the commission of sexual offences against children. In its view, but for the trial judge’s errors, the appellant would have been convicted. The Court of Appeal set aside the acquittal and entered a conviction. Argued Date 2025-11-14 Keywords Criminal Law —Transmit sexually explicit material to a person under age of 16 for purpose of facilitating commission of sexual assault or indecent act — Elements of offence — Powers of Court of Appeal — Whether Court of Appeal exceeded jurisdiction by allowing appeal and quashing acquittal under Criminal Code, R.S.C. 1985, c. C-46, s. 171.1(1)(b), because alleged errors were errors of fact — Whether Court of Appeal exceeded jurisdiction by substituting conviction for acquittal under s. 171.1(1)(b) based on its own findings of fact. Notes (Ontario) (Criminal) (As of Right) (Publication ban in case) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).